Prosecute criminals, not citizens for gun ownership

John McCain believes that the right of law abiding citizens to keep and bear arms is a fundamental, individual Constitutional right. We have a responsibility to ensure that criminals who violate the law are prosecuted to the fullest, rather than
restricting the rights of law abiding citizens. Gun control is a proven failure in fighting crime. Law abiding citizens should not be asked to give up their rights because of criminals--criminals who ignore gun control laws anyway.

Don’t hold gun manufacturers liable for crimes

John McCain opposes backdoor attempts to restrict Second Amendment rights by holding gun manufacturers liable for crimes committed by third parties using a firearm, and has voted to protect gun manufacturers from such inappropriate
liability aimed at bankrupting the entire gun industry. McCain says, “Neither justice nor domestic peace are served by holding the innocent responsible for the acts of the criminal.”

Opposes restrictions on assault weapons and ammunition types

McCain opposes restrictions on so-called “assault rifles” and voted consistently against such bans.

McCain opposes bans on the importation of certain types of ammunition magazines and has voted against such limitations.

McCain believes
that banning ammunition is just another way to undermine Second Amendment rights. He voted against an amendment that would have banned many of the most commonly used hunting cartridges on the spurious grounds that they were “armor-piercing.”

Calls for GOP “tolerance” of closing gun show loopholes

A recall petition drive was started in June 2001 by the Arizona far right. The petition complained that McCain was disloyal to the President, especially in voting against his tax bill, and it also complained about his proposal to close the gun show
loophole. One form of the petition accused him of backing “dishonest and treasonist” legislation. Several of the petitions were posted at gun shops.

The NRA was particularly angry with him for its being included in his campaign finance reform bill,
and for trying to tighten a loophole in the gun control laws. McCain himself was sufficiently concerned that he sent a 4-page, single-spaced letter to every GOP precinct leader in Arizona. He called for “greater tolerance” for Republicans “who
occasionally dissent” from one or another majority position held by a party. He explained his vote against Bush’s tax cut and talked about the need to build up national defense, about his work on the patients’ bill of rights, and the gun show loophole.

Ban cheap guns; require safety locks; for gun show checks

McCain favors outlawing cheaply made handguns called Saturday night specials, and favors mandating safety locks on certain guns. He said he is intrigued by new technology that electronically identifies a person handling a gun, allowing only the owner to
fire it. McCain rallied Senate Republicans behind a Democratic measure requiring background checks at gun shows.

Source: Scott Lindlaw, Associated Press
, Aug 17, 1999

Supports ban on certain assault weapons

McCain said he was open to voting for an assault weapon ban, depending on the details.

Source: Los Angeles Times, “McCain Calls for Hearings”
, Aug 17, 1999

Voted against Brady Bill & assault weapon ban

McCain spoke generally of the need for some tighter gun controls on hardened criminals and children. In Congress, he pressured his colleagues to require background checks for buyers at guns shows, and he supported a requirement that trigger locks be sold
with handguns. But the Senator opposed the two major gun-control measures of recent years, the 1994 ban on several types of assault weapons and the Brady Bill, which required a 5-day waiting period for handgun purchases.

Source: Todd S. Purdum, New York Times, p. A14
, Aug 17, 1999

Guns are a problem, but so are violent web sites & videos

If you want to take every gun in and dump it in the ocean, I’ll still take you to a Web site where it teaches children how to build a pipe bomb. And I’ll take you to a Web site where the worst kind of hate language that is terribly offensive to all of us
exists. I can take you to a video game being sold to our children where the object of the game is to kill police. I understand the importance of weapons, but to define that as being the major cause [of youth violence], there’s a whole lot of causes.

Source: Todd S. Purdum, New York Times, p. A14
, Aug 17, 1999

Punish criminals who abuse 2nd Amendment rights

We need to focus on halting the spread of violent crime and punishing violent criminals who abuse their Second Amendment rights, while preserving those same rights for law-abiding Americans.

Source: www.mccain2000.com/ “Press Releases”
, May 10, 1999

Youth Violence Prevention Act restricts guns for kids

McCain has introduced the “Youth Violence Prevention Act.”

The legislation would:

prevent juveniles from illegal access to weapons and punish those who would assist them in doing so

prohibit juveniles who commit acts of gun violence from
purchasing guns in the future

sentence juveniles convicted of violent crimes under adult guidelines

and punish juveniles who illegally carry or use handguns in schools.

Source: www.mccain2000.com/ “Press Releases”
, May 10, 1999

Repeal existing gun restrictions; penalize criminal use

McCain supports the following principles regarding gun issues:

Repeal federal restrictions on the purchase and possession of firearms by law-abiding citizens.

Favor allowing citizens to carry concealed firearms.

McCain says, “There are
penalties for criminals who use firearms.”

Source: 1998 National Political Awareness Test
, Jul 2, 1998

Voted NO on banning high-capacity magazines of over 10 bullets.

Congressional Summary:

The term 'large capacity ammunition feeding device' means a magazine or similar device that has an overall capacity of more than 10 rounds of ammunition

It shall be unlawful for a person to import, sell, manufacture, or possess a large capacity ammunition feeding device.

Shall not apply to the possession of any large capacity ammunition feeding device otherwise lawfully possessed before 2013.

Shall not apply to qualified or retired law enforcement officers.

Proponent's Argument for voting Yes: Sen. BLUMENTHAL: This amendment would ban high-capacity magazines which are used to kill more people more quickly and, in fact, have been used in more than half the mass shootings since 1982. I ask my colleagues to listen to law enforcement, their police, prosecutors who are outgunned by criminals who use these high-capacity magazines. I ask that my colleagues also listen to the families of those killed by people who
used a high-capacity magazine.

Opponent's Argument for voting No: Sen. GRASSLEY. I oppose the amendment. In 2004, which is the last time we had the large-capacity magazine ban, a Department of Justice study found no evidence banning such magazines has led to a reduction in gun violence. The study also concluded it is not clear how often the outcomes of the gun attack depend on the ability of offenders to fire more than 10 shots without reloading. Secondly, there is no evidence banning these magazines has reduced the deaths from gun crimes. In fact, when the previous ban was in effect, a higher percentage of gun crime victims were killed or wounded than before it was adopted. Additionally, tens of millions of these magazines have been lawfully owned in this country for decades. They are in common use, not unusually dangerous, and used by law-abiding citizens in self-defense, as in the case of law enforcement.

Voted YES on allowing firearms in checked baggage on Amtrak trains.

Congressional Summary:AMENDMENT PURPOSE: To ensure that law abiding Amtrak passengers are allowed to securely transport firearms in their checked baggage.

On page 37, between lines 8 and 9, insert the following: "Allowing Amtrak Passengers to Securely Transport Firearms on Passenger Trains.--None of amounts made available in the reserve fund authorized under this section may be used to provide financial assistance for the National Railroad Passenger Corporation (Amtrak) unless Amtrak passengers are allowed to securely transport firearms in their checked baggage.

Proponent's argument to vote Yes:Sen. ROGER WICKER (R, MS). This amendment aims to ensure that gun owners and sportsmen are able to transport securely firearms aboard Amtrak trains in checked baggage, a practice that is done thousands of times a day at airports across the country. I emphasize that this amendment deals with checked, secured baggage only. It would return
Amtrak to a pre-9/11 practice. It does not deal with carry-on baggage. Unlike the airline industry, Amtrak does not allow the transport of firearms in checked bags. This means that sportsmen who wish to use Amtrak trains for hunting trips cannot do so because they are not allowed to check safely a firearm.

Opponent's argument to vote No:Sen. FRANK LAUTENBERG (D, NJ): I object to this disruptive amendment offered by the Senator from Mississippi. He wants to enable the carrying of weapons, guns, in checked baggage. One doesn't have to be very much concerned about what we are doing when they look at the history of attacks on railroads in Spain and the UK and such places. This amendment has no place here interrupting the budgetary procedure. The pending amendment is not germane and, therefore, I raise a point of order that the amendment violates section 305(b)(2) of the Congressional Budget Act of 1974.

Voted YES on prohibiting lawsuits against gun manufacturers.

A bill to prohibit civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages, injunctive or other relief resulting from the misuse of their products by others. Voting YES would:

Exempt lawsuits brought against individuals who knowingly transfer a firearm that will be used to commit a violent or drug-trafficking crime

Exempt lawsuits against actions that result in death, physical injury or property damage due solely to a product defect

Call for the dismissal of all qualified civil liability actions pending on the date of enactment by the court in which the action was brought

Prohibit the manufacture, import, sale or delivery of armor piercing ammunition, and sets a minimum prison term of 15 years for violations

Require all licensed importers, manufacturers and dealers who engage in the transfer of handguns to provide secure gun storage or safety devices

Vote to pass a bill that would block certain civil lawsuits against manufacturers, distributors, dealers and importers of firearms and ammunition, mainly those lawsuits aimed at making them liable for gun violence. In this bill, trade groups would also be protected The bill would call for the dismissal of pending lawsuits against the gun industry. The exception would be lawsuits regarding a defect in a weapon or ammunition. It also would provide a 10-year reauthorization of the assault weapons ban which is set to expire in September 2004. The bill would increase the penalties for gun-related violent or drug trafficking crimes which have not resulted in death, to a minimum of 15 years imprisonment. The bill calls for criminal background checks on all firearm transactions at gun shows where at least 75 guns are sold. Exemptions would be made available for dealers selling guns from their homes as well as members-only gun swaps and meets carried out by nonprofit hunting clubs.

Voted YES on loosening license & background checks at gun shows.

Vote to table or kill a motion to require that all gun sales at gun shows be completed by federally licensed gun dealers. Also requires background checks to be completed on buyers and requires gun show promoters to register with the Treasury.

Voted YES on maintaining current law: guns sold without trigger locks.

Vote to table [kill] an amendment to make it unlawful for gun dealers to sell handguns without providing trigger locks. Violation of the law would result in civil penalties, such as suspension or revocation of the dealer's license, or a fine.

Allow veterans to register unlicensed guns acquired abroad.

McCain co-sponsored Veterans' Heritage Firearms Act

Provides a 90-day amnesty period during which veterans and their family members can register in the National Firearms Registration and Transfer Record any firearm acquired before October 31, 1968, by a veteran while a member of the Armed Forces stationed outside the continental United States.

Grants such an individual limited immunity with respect to the acquisition, possession, transportation, or alteration of such firearm before or concurrent with such registration.

Extends such immunity to a veteran who attempts to register a qualifying firearm outside of the amnesty period if the veteran surrenders the firearm within 30 days after being notified of potential criminal liability for continued possession.

Transfers each firearm qualifying as a curio or relic which has been forfeited to the United States to the first qualified museum that requests it

Publishes information identifying each such firearm which is available to be transferred to a museum.

Makes a prohibition against transfer or possession of a machine-gun inapplicable to museums.

Oppose the United Nations' Arms Trade Treaty.

We write to express our concern and regret at your decision to sign the United Nations' Arms Trade Treaty. For the following reasons, we cannot give our advice and consent to this treaty:

The treaty violates a 2009 red line laid down by your own administration: "the rule of consensus decision-making." In April 2013, after the treaty failed to achieve consensus, it was adopted by majority vote in the UN General Assembly.

The treaty allows amendments by a 3/4 majority vote. When amended, it will become a source of political and legal pressure on the US to comply in practice with amendments it was unwilling to accept.

The treaty includes only a weak, non-binding reference to the lawful ownership and use of firearms, and recognizes none of these activities, much less individual self-defense, as fundamental individual rights. It encourages governments to collect the identities of individual end users of imported firearms at the national level,
which would constitute the core of a national gun registry

The State Department has acknowledged that the treaty is "ambiguous." By becoming party to the treaty, the US would therefore be accepting commitments that are inherently unclear.

The criteria at the heart of the treaty are vague and easily politicized. They will steadily subject the US to the influence of internationally-defined norms, a process that would impinge on our national sovereignty.

The treaty criteria as established could hinder the US in fulfilling its strategic, legal, and moral commitments to provide arms to key allies such as Taiwan and Israel.

We urge you to notify the treaty depository that the US does not intend to ratify the Arms Trade Treaty, and is therefore not bound by its obligations. As members of the Senate, we pledge to oppose the ratification of this treaty, and we give notice that we do not regard the US as bound to uphold its object and purpose.

Ban gun registration & trigger lock law in Washington DC.

Nothing in any provision of law shall authorize the Mayor, or any governmental authority of the District of Columbia, to prohibit possessing firearms by a person who is allowed to possess firearms under federal law.

Denies the District any authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms.

Repeals the ban on semiautomatic weapons.

Repeals the District's registration requirement for possession of firearms.

Repeals the trigger lock law.

Maintains the current ban on the possession and control of a sawed-off shotgun, machine gun, or short-barreled rifle.

Eliminates criminal penalties for possessing an unregistered firearm.

Specifies exceptions to the prohibition against carrying concealed weapons in the District.

Allow firearms in National Parks.

McCain co-sponsored allowing firearms in National Parks

Bars the promulgation or enforcement of any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, in any unit of the National Park System or the National Wildlife Refuge System if:

the individual is not otherwise prohibited by law from possessing the firearm; and

the possession of the firearm is in compliance with the law of state in which the unit is located.